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(영문) 서울중앙지방법원 2018.09.13 2017가합509961
저작권으로 인한 부당이득금반환 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a government-invested institution that aims to conduct research on the basis of nuclear energy and the foundation technology, and the Defendant is a copyright holder who acquired the author’s property right in the Open Capture application program (hereinafter “instant program”) under the name of Open Capture (OPCARE) that can detect the wind screen from EDGE SFTWARE on April 1, 2012.

B. The instant program was provided to an employer free of charge by June 7, 2012, and was provided free of charge before July 00, 2012, only when it was used as “non-commercial/personal use,” and in other cases, it was converted into a fee to purchase and use “business license.”

C. Of the Plaintiff’s employees, some of the instant programs were used free of charge, and the program was distributed, and the program was installed upon the distribution, and after the installation was completed, the confirmation server was charactered on the message box stating that “I will use it only for consent to terms and conditions and for non-commercial/personal use.”

The Defendant collected user’s MAC and IP access information from the user’s computer since the paid server of the instant program, and confirmed that the instant program is being used in the 61st unit of the Plaintiff Company’s computer.

3. From February 1, 2012, us is giving free of charge to the individual user for non-business purposes, but we are carrying out a paid-in policy that imposes licensing costs on the user for business purposes (company, individual, or other entity).

your was confirmed to have used our program without due authorization. It was confirmed that your program was used without due authorization.

4. We have the honor to request the immediate suspension of use of your company.

If you have legitimate right to use, you will send the certificate to us within 10 days of delivery of official document.

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